Re-establishment of Import Restraint Limits and Guaranteed Access Levels, Re-instatement of Export Visa, Certification and Manufacturer's Identification Requirements for Certain Cotton, Wool, Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textile Products Produced or Manufactured in Haiti

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Re-establishment of Import Restraint Limits and Guaranteed Access

Levels, Re-instatement of Export Visa, Certification and Manufacturer's

Identification Requirements for Certain Cotton, Wool, Man-Made Fiber,

Silk Blend and Other Vegetable Fiber Textile Products Produced or

Manufactured in Haiti

October 18, 1994.

AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Issuing a directive to the Commissioner of Customs re-

establishing limits and guaranteed access levels, re-instating export

visa, certification and manufacturer's identication requirements.

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EFFECTIVE DATE: October 21, 1994.

FOR FURTHER INFORMATION CONTACT: Naomi Freeman, International Trade

Specialist, Office of Textiles and Apparel, U.S. Department of

Commerce, (202) 482-4212. For information on the quota status of these

limits, refer to the Quota Status Reports posted on the bulletin boards

of each Customs port or call (202) 927-5850. For information on

embargoes and quota re-openings, call (202) 482-3715.

SUPPLEMENTARY INFORMATION:

Authority: Executive Order 11651 of March 3, 1972, as amended;

section 204 of the Agricultural Act of 1956, as amended (7 U.S.C.

1854).

On February 1, 1994 a notice and letter to the Commissioner of

Customs dated January 26, 1994 were published in the Federal Register

(59 FR 4693) announcing the establishment of limits and guaranteed

access levels (GALs), re-instatement of visa and certifications

requirements and establishment of manufacturer's identification

requirements for certain textiles and textile products, produced or

manufactured in Haiti and exported during the period beginning on

January 1, 1994 and extending through December 31, 1994.

Based on Executive Order 12917, the Chairman of CITA issued a

directive to the Commissioner of Customs cancelling the directive

issued on January 26, 1994 (59 FR 35325, published on July 11, 1994 and

59 FR 44410, published on August 29, 1994).

In the letter published below, the Chairman of CITA, directs the

Commissioner of Customs to re-establish the limits and guaranteed

access levels for 1994. Also, the Commissioner of Customs is directed

to re-instate the visa, certifications and manufacturer's

identification requirements for certain textiles and textile products

which are exported from Haiti. Goods exported from Haiti during the

period October 21, 1994 through November 20, 1994 shall not be denied

entry for lack of a visa or certification. Goods exported from Haiti on

or after November 21, 1994 shall be denied entry if not accompanied by

an appropriate export visa or certification. The Commissioner of

Customs is directed to accept and sign the ITA-370P form for shipments

of U.S. formed and cut parts destined for assembly in Haiti and re-

entry into the United States under the Special Access Program.

Shipments of GAL qualifying textile products which are re-exported

to the United States from Haiti on or after October 21, 1994 shall be

charged to the appropriate guaranteed access level.

A description of the textile and apparel categories in terms of HTS

numbers is available in the CORRELATION: Textile and Apparel Categories

with the Harmonized Tariff Schedule of the United States (see Federal

Register notice 58 FR 62645, published on November 29, 1993). Also see

56 FR 51201, published on October 10, 1991.

Requirements for participation in the Special Access Program are

available in Federal Register notices 51 FR 21208, published on June

11, 1986; 52 FR 6053, published on February 27, 1987; 52 FR 26057,

published on July 10, 1987; and 54 FR 50425, published on December 6,

1989.

The letter to the Commissioner of Customs and the actions taken

pursuant to it are not designed to implement all of the provisions of

the Memorandum of Understanding dated December 30, 1993 between the

Governments of the United States and Haiti, but are designed to assist

only in the implementation of certain of its provisions.

Rita D. Hayes,

Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

October 18, 1994.

Commissioner of Customs,

Department of the Treasury, Washington, DC 20229.

Dear Commissioner: This directive cancels and supersedes the

monitoring directives dated December 3, 1992 and December 8, 1993,

and the July 5, 1994 (as corrected on August 23, 1994), directive

prohibiting the importation of any textile or apparel products from

Haiti, issued to you by the Chairman, Committee for the

Implementation of Textile Agreements.

Under the terms of section 204 of the Agricultural Act of 1956,

as amended (7 U.S.C. 1854); pursuant to the Memorandum of

Understanding dated December 30, 1993, between the Governments of

the United States and Haiti; and in accordance with the provisions

of Executive Order 11651 of March 3, 1972, as amended, you are

directed, effective on October 21, 1994, to re-establish the

following limits for cotton and man-made fiber textile products in

the following categories, produced or manufactured in Haiti and

exported during the twelve-month period beginning on January 1, 1994

and extending through December 31, 1994:

------------------------------------------------------------------------

Category Twelve-month restraint limit\1\

------------------------------------------------------------------------

331................................ 504,990 dozen pairs.

340/640............................ 504,990 dozen.

341/641............................ 484,791 dozen.

347/348............................ 568,114 dozen.

350................................ 69,436 dozen.

------------------------------------------------------------------------

\1\The limits have not been adjusted to account for any imports exported

after December 31, 1993.

Effective on October 21, 1994, you are directed to re-instate

visa, certification and manufacturer identification requirements for

all shipments of textile products, produced or manufactured in Haiti

and exported from Haiti. Goods exported from Haiti during the period

October 21, 1994 through November 20, 1994 shall not be denied entry

for lack of a visa or certification. Goods exported from Haiti on or

after November 21, 1994 shall be denied entry if not accompanied by

an appropriate export visa or certification.

You are directed to accept and sign the ITA-370P form for

shipments of U.S. formed and cut parts destined for assembly in

Haiti and re-entry into the United States under the Special Access

Program.

In accordance with the provisions of the Special Access Program,

as set forth in 51 FR 21208 (June 11, 1986), 52 FR 26057 (July 10,

1987) and 54 FR 50425 (December 6, 1989), and pursuant to current

bilateral textile agreement, as amended, between the Governments of

the United States and Haiti, you are directed, effective on October

21, 1994, to re-establish guaranteed access levels for properly

certified cotton and man-made fiber textile products in the

following categories which are assembled in Haiti from fabric formed

and cut in the United States and re-exported to the United States

from Haiti during the twelve-month period beginning on January 1,

1994 and extending through December 31, 1994.

------------------------------------------------------------------------

Category Guaranteed access level

------------------------------------------------------------------------

331................................ 500,000 dozen pairs.

340/640............................ 440,000 dozen.

341/641............................ 400,000 dozen.

347/348............................ 800,000 dozen.

350................................ 120,000 dozen.

------------------------------------------------------------------------

Any shipment for entry under the Special Access Program which is

not accompanied by a valid and correct certification and Export

Declaration in accordance with the provisions of the certification

requirements established in the directive of February 19, 1987, as

amended, shall be denied entry unless the Government of Haiti

authorizes the entry and any charges to the appropriate specific

limit. Any shipment which is declared for entry under the Special

Access Program but found not to qualify shall be denied entry into

the United States.

In carrying out the above directions, the Commissioner of

Customs should construe entry into the United States for consumption

to include entry for consumption into the Commonwealth of Puerto

Rico.

The Committee for the Implementation of Textile Agreements has

determined that these actions fall within the foreign affairs

exception of the rulemaking provisions of 5 U.S.C. 553(a)(1).

Sincerely,

Rita D. Hayes,

Chairman, Committee for the Implementation of Textile Agreements.

[FR Doc. 94-26247 Filed 10-20-94; 8:45 am]

BILLING CODE 3510-DR-F